Opinions May 1, 2020

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
Anthony G. Taylor v. JPMorgan Chase Bank, N.A.
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division at Lafayette. Judge Rudy Lozano.
Civil. Affirms the Indiana Northern District Court’s grant of judgment on the pleadings to JPMorgan Chase Bank and its denial of Anthony Taylor’s request to amend the complaint. Finds there was no contract between Taylor and Chase Bank regarding the Trial Period Plan for a loan modification through the Home Affordable Mortgage Program. Also finds that Taylor alleged no actions on Chase’s end to infer that the bank intended to go through with the trial modification without a countersignature. Finally, finds Taylor’s allegations could not support his claims for promissory estoppel, fraud and intentional infliction of emotional distress under Indiana law. Judge David Hamilton dissents with a separate opinion.

Friday opinions
Indiana Court of Appeals
F.A. v. State of Indiana
Juvenile. Reverses the Lawrence Circuit Court’s order requiring F.A. and her mother to reimburse the costs of F.A.’s secure detention. Finds the juvenile court erred by failing to conduct an inquiry into F.A.’s mother’s ability to pay the costs of secure detention and by ordering F.A. to pay the costs. Remands for further proceedings. Judge Patricia Riley concurs in result without opinion.

Michael D. Greer v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Michael Greer’s motion to remove probation stipulation. Finds Greer cannot challenge the probation requirement that he comply with a sex offender management program because he pleaded guilty to criminal deviate conduct and to being a repeat sexual offender, and he accepted the condition as part of his plea agreement. Waiver notwithstanding, also finds Greer has failed to demonstrate that the Shelby Circuit Court abused its discretion by declining to eliminate the sex offender conditions of probation that bar him from contact with children without prior court permission.

Lloyd E. Conn v. State of Indiana (mem. dec.)
Criminal. Affirms the Franklin Circuit Court’s denial of Lloyd Conn’s motion to correct erroneous sentence. Finds that the trial court properly denied Conn’s motion to correct erroneous sentence.

Dale M. Thomas v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Dale Thomas’ probation. Finds the Franklin Circuit Court had ample evidence from which it could conclude that Thomas was competent to represent himself. Also finds Thomas was sufficiently informed of the perils of waiving the right to counsel.

Anonymous Physician v. Ian Michelle Thompson (mem. dec.)
Civil tort. Reverses the denial of Anonymous Physician’s motion for summary judgment against Ian Thompson, who filed a proposed medical malpractice complaint against Physician years after Physician provided medical care to Thompson. Finds Physician met his initial burden on summary judgment by designating prima facie evidence that the action was commenced outside the statutory period. Also finds Thompson wholly failed to designate evidence to meet her burden of establishing an issue of fact to rebut the statute of limitations defense. Finally, finds the St. Joseph Superior Court erred in its denial. Remands to enter summary judgment for Physician.

MGI Traffic Control Products, Inc., and Mark Bennett by guardian Steven Bennett v. Michael Green and Mike Green, Incorporated (mem. dec.)
Civil plenary. Affirms the denial of MGI Traffic Control Products Inc. and Mark Bennet by guardian Steven Bennet’s request for a preliminary injunction in Shelby Circuit Court seeking to prohibit Michael Green and Mike Green Inc. from competing with MGI Traffic. Finds the trial court did not clearly err in determining that the appellants have an adequate remedy at law. Also finds that because they have an adequate remedy at law, the trial court properly denied the request for a preliminary injunction.

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